Lugo
United States v. Lugo
Opinion
Lead Opinion
MEMORANDUM **
Elisa Lugo appeals from the 12-year sentence imposed upon remand after her guilty plea conviction to conspiracy, false statement to financial institution, and unlawful use of means of identification, all in violation of 18 U.S.C. §§ 2 (b), 371, 1014, and 1028(a)(7). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate the sentence and remand.
Lugo contends that the district court erred when, at her re-sentencing hearing, it declared the United States Sentencing Guidelines (“U.S.S.G.”) unconstitutional pursuant to the Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004). We agree.
At the re-sentencing hearing, the district court did not have the benefit of the Supreme Court’s holding in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We therefore vacate the sentence and remand for re-sentencing in light of Booker. See Id. at 260-65, 125 S.Ct. 738 (rendering the U.S.S.G. advisory, but not unconstitutional).
*723 Lugo also contends that the district court judge is biased against her and therefore should be recused upon re-sentencing. We disagree.